Backes v. Village of Peoria Heights

Dist. Ct. did not err in granting motion for summary judgment by defendants-Village and its Police Chief in plaintiff’s section 1983 action alleging that certain police officers used excessive force when arresting plaintiff in his parked car after plaintiff’s wife informed police that plaintiff was suicidal, was on medication and had access to weapons. Record failed to show that defendant-Police Chief had either played any role in plaintiff’s apprehension or supervised individuals who had apprehended plaintiff. As to plaintiff’s state law battery claim, Ct. similarly found that any harm to plaintiff could not be attributable to either defendant where Police Chief did not take part in plaintiff’s apprehension.